As of January 1, 2010, new reporting requirements took effect involving the payment of a settlement or judgment to a Medicare beneficiary. The following is a brief summary of the new reporting requirements.
Background
In 1980, the Medicare Secondary Pay Act (“MSP”) was enacted to amend the 1965 Social Security Act. The MSP prohibited Medicare from reimbursing medical benefits where payment has been made or can reasonably be expected to be made “under a workers’ compensation law, or other private insurance plans.” Thus, Medicare was no longer a primary payer for a Medicare beneficiary’s medical costs.
Analysis of the reporting requirements of the Medicare, Medicaid and SCHIP Extension Act of 2007
DOJ’s New Focus: Foreign Corrupt Practices Act
The Department of Justice (DOJ) is investigating corruption and bribery conduct at unprecedented levels. In January, DOJ conducted a massive sting operation netting 22 individuals in Las Vegas. Just this month, the UK Serious Fraud Office, working in conjunction with DOJ, settled a multitude of corruption charges with mega-defense contractor BAE Systems, PLC. Under terms of the settlement, BAE will reportedly plead guilty in the U.K. and U.S. and pay fines totaling £30 million (a record criminal fine in the U.K.) and $400 million. The Las Vegas sting and the BAE settlement demonstrate DOJ’s new, aggressive approach to the FCPA. Where DOJ used to conduct investigations in the U.S. before indictments, the Las Vegas sting demonstrates DOJ’s willingness to indict first and ask questions later. The BAE settlement shows tremendous aggressive behavior across international borders. In fact, the criminal information filed against BAE shows that the majority of the alleged illegal activity took place outside of the U.S.
LAW 101: Protection of Lawful Commerce in Arms Act
The Protection of Lawful Commerce in Arms Act was enacted on October 26, 2005 in response to numerous lawsuits filed by municipalities and others that sought to blame the firearms industry for the criminal use of firearms and change the manner in which firearms are sold and marketed through litigation instead of the legislature. In order to curb these abusive and politically motivated law suits, the Protection of Lawful Commerce in Arms Act defines a "qualified civil liability action" as a:
General Contractor Obtains Summary Judgment in New York Labor Law Case
We recently obtained a dismissal of an interesting lawsuit that was pending in the New York Supreme Court, County of Queens. Our firm represented the defendant general contractor in the litigation.
This case was brought by an electrician who fell off a ladder during the construction of a restaurant in the food court of the Manhattan Mall in New York City. Plaintiff alleged that as he was standing on the third or fourth rung of a ladder, the ladder slipped and caused him to fall. As he fell, his left arm hit an open electrical wire and he received an electrical shock.
Plaintiff alleged that the ladder fell because he had inadvertently placed one of the ladder legs on a wire nut, many of which littered the floor. Plaintiff denied that he left the wire nuts on the floor. Plaintiff further alleged that the floor of the electrical room was uneven. As a result of the fall, plaintiff sustained a large laceration on his forearm and injured both of his shoulders. He underwent an acromioplasty, acromioclavicular resection, and subacromial decompression on his right shoulder.
Practical applications: Proof of Defect from Circumstances under Vermont Law
In an article for the Vermont Bar Journal, John Tartaglia examines Vermont law addressing inferences of product defect from the circumstances surrounding an accident.
 VT Bar Article.pdf | 470 Kb |
More Articles...
- Children's Products Pulled Off Shelves Because of Toxic Substance
- Firm's Victory Sheds Light On Retaliatory Discharge And Whistleblower Laws
- Federal Circuit Makes Declaratory Judgments Easier to File (at Least for Holding Companies)
- Sports Law: Assumption of Risk and Judicial Review of Torts in Athletics
Page 1 of 2